Articles Posted in Constitutional Law

Initiative Petition No. 415, State Question No. 793, proposed to amend Article 20 of the Oklahoma Constitution by adding a new Section 3. The purpose of the amendment was to merge the rights and restrictions placed on optometrists and opticians, while eliminating restraints on the ability to practice their professions in retail mercantile establishments. A protest was filed contesting the validity of the initiative petition as unconstitutional logrolling in violation of the general subject requirement mandated in Okla. Const. art. 24, sec. 1. The sole issue presented for consideration, restated, was whether Initiative Petition No. 415, State Question No. 793, satisfied the single subject requirement of article 24, section 1, of the Oklahoma Constitution. The Oklahoma Supreme Court concluded that the proposed amendment embraced one general subject and therefore complied with article 24, section 1, of the Oklahoma Constitution. View "Oklahoma Assoc. of Optometric Physicians v. Raper" on Justia Law

An employee of a trucking company was killed while on the job at an oil-well site. The employee's surviving daughter brought a wrongful death action against the owner and operator of the well site, Stephens Production Company. Stephens Production Company moved to dismiss the case pursuant to 85A O.S. Supp. 2013 sec. 5(A), which provides that "any operator or owner of an oil or gas well . . . shall be deemed to be an intermediate or principal employer" for purposes of extending immunity from civil liability. The district court denied the motion to dismiss, finding that section 5(A) of Title 85A was an unconstitutional special law. The trial court certified the order for immediate interlocutory review, and the Oklahoma Supreme Court granted certiorari review. The Supreme Court concluded that the last sentence of section 5(A) of Title 85A was an impermissible and unconstitutional special law under Art. 5, section 59 of the Oklahoma Constitution. The last sentence of section 5(A) was severed from the remainder of that provision. View "Strickland v. Stephens Production Co." on Justia Law

In 2012, petitioners Saint Francis Hospital, Inc., Neurological Surgery, Inc., and Douglas Koontz, M.D. performed decompressive laminectomies of respondent Johnson John’s spine at the C2-3, C3-4, C4-5, C5-6 and C6-7 regions. After the operation, respondent allegedly became partially paralyzed, suffered constant pain, was hospitalized for four months and submitted to additional medical treatment. Respondent filed suit against petitioners in 2016, alleging negligence, gross negligence, medical malpractice and sought punitive damages for petitioners’ failure to render reasonable medical care, breach of the duty of care owed and respondent’s resulting injuries. In commencing the action, respondent failed to attach an affidavit of merit to the Petition or otherwise comply with Okla. Stat. tit. 12, section 19.1. In lieu of answer, petitioners filed their respective motions to dismiss and asserted, among other things, respondent’s failure to include the statutorily required affidavit of merit or, in the alternative, obtain a statutorily recognized exception. Respondent averred that the statutory directive unconstitutionally restrained a litigant's right to access the courts and was an unconstitutional special law. The district court provided notice to the Attorney General's office concerning the challenged statute. As intervenor, the Attorney General essentially urged the district court to enforce the affidavit requirements. The district court ultimately overruled petitioners’ motions to dismiss, and rejected respondent’s special law challenge. The court determined that section 19.1 unconstitutionally imposed a substantial and impermissible impediment to access to the courts, and this barrier was unconstitutional regardless of the financial worth of a litigant and was not cured by exercising the indigent from this burden. The Oklahoma Supreme Court agreed with the district court’s ruling, and found section 19.1 was an impermissible barrier to court access and an unconstitutional special law. Section 19.1 was therefore stricken. View "John v. St. Francis Hospital" on Justia Law

Petitioner, Sierra Club, requested the Oklahoma Supreme Court to assume original jurisdiction and petitioned for a writ of prohibition or mandamus. Petitioner alleged that House Bill 1449 was a revenue bill that violated Article V, Section 33 of the Oklahoma Constitution. H.B. 1449 created the Motor Fuels Tax Fee for electric-drive and hybrid-drive vehicles, of $100 and $30 per year respectively, and directed that the money from the fees be deposited to the State Highway Construction and Maintenance Fund. The House passed H.B. 1449 on May 22, 2017 and the Senate passed it on May 25, 2017. H.B. 1449 passed with more than 51%, but less than 75%, of the vote in both chambers. It was scheduled to take effect November 1, 2017. The Oklahoma Supreme Court assumed original jurisdiction and transformed the petition into a request for declaratory relief. The Court found H.B. 1449 was enacted to raise revenue and was in violation of Article V, Section 33 of the Oklahoma Constitution. View "Sierra Club v. Oklahoma ex rel. Oklahoma Tax Comm'n" on Justia Law

The constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA) came before the Oklahoma Supreme Court. Claimant Brandon Gibby injured his right wrist and left knee in 2014 when he fell three to four feet from a pallet jack while in the course and scope of his employment. Employer, Hobby Lobby Stores, provided temporary total disability and medical benefits. However, when Claimant sought permanent partial disability, Employer asserted that the forfeiture provision, section 57 of the (AWCA) prohibited Claimant from receiving any further workers' compensation benefits because he had missed two or more scheduled medical appointments without a valid excuse or notice to his employer. At trial, Claimant attempted to demonstrate extraordinary circumstances for missing three scheduled medical appointments. The administrative law judge found none and denied the request for permanent partial disability despite the fact there was no dispute that Claimant's injury had left him disabled. The Workers' Compensation Commission affirmed. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, the Supreme Court held the forfeiture provision found at section 57 of title 85A violated the adequate remedy provision of Article II, section 6, of the Oklahoma Constitution. The section 57 forfeiture provision was therefore stricken in its entirety. View "Gibby v. Hobby Lobby Stores, Inc." on Justia Law

In October 2015, Petitioner Adam Fry brought a proceeding for an order to "deregister" as a sex offender. Petitioner contended he was entitled to this relief based on an earlier order entered by the sentencing judge in his Pottawatomie County criminal case. In that case, Petitioner received a five year deferred sentence based on his plea to a charge of rape by instrumentation. As a consequence of this sentence, Petitioner was originally required to register as a sex offender for life. In October 2009, however, the sentencing judge granted an "override" of Petitioner's lifetime registration requirement, pursuant to 57 O.S.Supp.2008, sec. 582.5(D). The sentencing judge's override order reduced the period for registration to fifteen years from the completion of his five year deferred sentence. Section 582.5(D) was repealed, effective November 1, 2009. While not participating in the Pottawatomie County proceeding, Department of Corrections (DOC) received the override order and did not seek relief therefrom either in the district court or on appeal. In October 2015, Petitioner sought deregistration because DOC would not honor the Pottawatomie County override order. Over the objection of DOC, the district court in Canadian County enforced the Pottawatomie County override order and ordered that Petitioner be removed from the Oklahoma Sex Offender Registry. DOC appealed. The Oklahoma Supreme Court that in cases like Petitioner's, where override relief was timely sought and granted pursuant to section 582.5(D), and neither the prosecuting District Attorney nor DOC appealed, or otherwise timely challenged the override order, DOC was required to honor and implement the "requirements of registration" adjudicated in such an order. The Court affirmed the deregistration order. View "Fry v. Oklahoma ex rel Department of Corrections" on Justia Law

A workers' compensation claimant suffered a hernia and recurrent hernia due to work. He requested a contested hearing on the constitutionality of the hernia provision of the Administrative Workers' Compensation Act, 85A O.S. Supp. 2013 section 61. An administrative law judge determined 85A O.S. Supp. 2013 sec. 61 to be constitutional. Claimant appealed. The Workers' Compensation Commission affirmed the determination of the administrative law judge. The question presented for the Oklahoma Supreme Court's review was whether the hernia provision was unconstitutional because: (1) it violated the due process rights of claimants guaranteed by U.S. Const. amend. XIV, sec. 1 and Okla. Const. art. 2, sec. 7; (2) it was a special law prohibited by Okla. Const. art. 5, sec. 46; and (3) it failed to provide an adequate remedy for a recognized wrong, in violation of Okla. Const. art. 2, sec. 6. The Supreme Court answered in the negative. However, in light of it's opinion in Corbeil v. Emricks Van & Storage, 2017 OK 71, ___ P.3d ___, this case was remanded for further proceedings concerning the application of 85A O.S. Supp. 2013 sec. 61. View "Graham v. D&K Oilfield Services" on Justia Law

Petitioners are a not-for-profit trade association of automobile dealers, an automobile dealer, and a prospective consumer in Oklahoma. All challenged House Bill 2433, alleging that it was a revenue bill enacted outside of the procedure mandated in Article V, Section 33 of the Oklahoma Constitution. The parties agreed the passage of HB 2433 did not comply with Article V, Section 33; so the case turned on whether HB 2433 was a "revenue bill" to which Article V, Section 33 applies. Applying the test utilized since 1908, the Oklahoma Supreme Court concluded that, HB 2433 "does not levy a tax in the strict sense" because it removed a tax exemption from an already levied tax rather than levying any new tax. As such, HB 2433 was not a revenue bill subject to Article V, Section 33's requirements. View "Oklahoma Automobile Dealers Assoc. v. Oklahoma ex rel Oklahoma Tax Comm." on Justia Law

Petitioners are manufacturers, wholesalers, and consumers of cigarettes. Collectively they challenged Oklahoma Senate Bill 845, alleging that it was a revenue bill enacted outside of the procedure mandated in Article V, Section 33 of the Oklahoma Constitution. The parties agreed that the passage of SB 845 did not comply with Article V, Section 33; so the case turned on whether SB 845 was the kind of "revenue bill" that Article V, Section 33 governed. Applying a test used since 1908, the Oklahoma Supreme Court concluded that the primary purpose of Sections 2, 7, 8, and 9 of SB 845 was to raise new revenue for the support of state government through the assessment of a new $1.50 excise tax on cigarettes and that, in doing so, SB 845 levied a tax in the strict sense. As such, Sections 2, 7, 8, and 9 of SB 845 comprised a revenue bill enacted in violation of Article V, Section 33 and were unconstitutional View "Naifeh v. Oklahoma, ex rel. Oklahoma Tax Comm'n" on Justia Law